The vast majority of the time, babies born in Idaho hospitals suffer few or no ill effects before, during or after delivery. However, in some cases, birth injuries or birth defects will occur that might have been avoidable. In such a scenario, it may be possible to file a medical malpractice claim seeking compensation for yourself and your child.
Birth injuries or defects
The primary difference between a birth injury and a birth defect is when the action occurred that led to a baby’s impaired condition. For instance, a birth injury is usually the result of a lack of oxygen during delivery or the improper use of forceps or other tools. A birth defect typically occurs before the baby is born and may include the mother’s use of drugs or alcohol during the pregnancy.
When a case rises to medical malpractice
Just because your doctor or another professional makes a mistake doesn’t mean that anyone has engaged in medical malpractice. Instead, you must show that you or your baby were given an inadequate level of care during your pregnancy or during the delivery itself. For instance, it may be malpractice to prescribe a drug that is known to create harmful side effects for your baby. However, if there was no way of knowing that a drug would harm your child, you may not be entitled to compensation.
Evidence that might be used in your case
A number of lines of evidence might be used in your cases such as medical records or testimony from expert witnesses. You might also be able to solicit testimony from the doctor who delivered your baby or others who were in the room when your baby was delivered.
A medical malpractice settlement or jury award may compensate you for medical bills and other damages incurred as a result of another party’s negligence. It may also compensate your child for lost future earnings or other damages arising from a physical or mental defect caused by a doctor’s improper actions.